North Carolina Spousal Support

North Carolina Spousal Support

Understanding Spousal Support in North Carolina

It is not unusual, when a couple gets divorced, for one spouse to need
financial assistance while trying to become self-reliant and branch out
on his or her own. If the spouse who needs help (the “dependent
spouse”) can show a need for financial support, and the other spouse
(the “supporting spouse”) can afford to pay support, the court
will enter an order for
spousal support, which in North Carolina can include “postseparation support”
and/or “alimony.” Prior to entering an order for alimony,
the court often will first enter an order for “postseparation support,”
which is support ordered on a short-term basis, prior to the trial on
alimony. Spousal support is intended to ensure that the dependent spouse
can maintain a standard of living as close as possible to the marital
lifestyle. This support is intended to be rehabilitative and not punitive.
In 1995 North Carolina restructured its laws to place lesser importance
on marital misconduct when considering spousal support. Now, marital misconduct
is not a necessary element for an award of spousal support.

Types of Spousal Support

In North Carolina, there are two types of spousal support.
Alimony is long-term financial support the supporting spouse pays to the dependent
spouse. Postseparation support is a temporary form of financial support,
paid prior to the trial on alimony. Typically, postseparation support
is ordered for a period of twelve months or until the trial on alimony
can be scheduled and heard. Claims for postseparation support and alimony
are actually two separate legal claims, although they are most often filed
together in the same complaint to the court. The spouse that is in need
of financial support from the other spouse in order to pay his or her
reasonable expenses is entitled to file a claim for postseparation support
and/or alimony. In determining an award of support, the judge will review
both parties’ incomes, financial needs, earning abilities, and the
marital standard of living.

North Carolina Spousal Support Payments

To determine the amount of alimony and how long the alimony payments will
last, a judge will look at multiple factors. These factors can include:

The contribution by one spouse to the education, training, or increased
earning power of the other spouse;

The extent to which the earning power, expenses, or financial obligations
of a spouse will be affected by reason of serving as the custodian of
a minor child;

The relative education of the spouses and the time necessary to acquire
sufficient education or training to enable the spouse seeking alimony
to find employment;

The property brought to the marriage by either spouse;

The relative needs of the spouses;

The federal, State, and local tax ramifications of the alimony award;

Any other factor relating to the economic circumstances of the parties
that the court finds to be just and proper.

(See N.C. Gen. Stat. § 50-16.3A)

Once the court decides if post-separation support and/or alimony is appropriate,
there are different ways to for the payments to change hands. Spousal
support, including post-separation support and/or alimony, can be paid
in one lump sum, in monthly or quarterly payments or even through a transfer
of title. Unless they are paid in one sum, most court orders will direct
how long alimony will be paid or, in rare cases, they will say that alimony
will last indefinitely.

A spouse may ask the court to modify spousal support based on changed circumstances,
such as job loss or medical troubles. The court can also rule to end spousal
support if the dependent spouse decides to remarry or cohabitate with
someone else. The death of either spouse automatically terminates spousal
support payments, including post-separation support and/or alimony.

If you have questions about post-separation support or alimony, pleasecontact us today. We would be happy to answer all of your North Carolina spousal
support questions.

* Disclaimer: Any references to Super Lawyers, AV Preeminent®, Lead
Counsel and The Best Lawyers in America contained in this website are
not intended to suggest that our attorneys are superior to other attorneys
practicing in North Carolina. The link for Super Lawyers magazine’s
North Carolina selection information can be found here. Click here for more information on the
Super Lawyers selection process. The link to North Carolina selection information for
The Best Lawyers in America can be found here. The AV Preeminent ® selection information can be found
here. The Lead Counsel selection information can be found
here. Charles Montgomery was featured in the 2009 Super Lawyers list.